Opinion
No. 28,002.
Filed November 29, 1944.
1. COURTS — Courts of Appellate Jurisdiction — Appellate Court — Constitutional Question not Involved. — Where a proposition stated in appellant's brief merely requires a statutory construction but presents no constitutional question, the Supreme Court will not take jurisdiction of the appeal which is otherwise in the Appellate Court. p. 38.
2. COURTS — Courts of Appellate Jurisdiction — Statement of Appellant Concerning Jurisdiction not Binding on Supreme Court. — A statement in appellee's application for an extension of time within which to file briefs that jurisdiction of the appeal is in the Supreme Court cannot bind the Supreme Court, and where jurisdiction of the appeal was in the Appellate Court and no constitutional question was presented, the cause was transferred from the Supreme Court to the Appellate Court. p. 38.
From the Marion Circuit Court; Paul G. Davis, Special Judge.
Action by the Department of Insurance of the State of Indiana against Indiana Travelers Assurance Company seeking the appointment of a conservator to rehabilitate defendant insurance company. From a judgment for defendant, plaintiff appealed.
Cause transferred to Appellate Court.
[For opinion of the Appellate Court, see 115 Ind. App. 285.]
James A. Emmert, Attorney General, Frank Hamilton, First Deputy Attorney General and Michael B. Reddington, of Indianapolis, for Appellant.
John A. Royse, Howard P. Travis and Herbert J. Backer, all of Indianapolis, for Appellee.
Appellant's brief shows that the jurisdiction of this cause is in the Appellate Court. This is pointed out in appellee's brief, citing Pivak v. State (1931), 202 Ind. 417, 175 N.E. 1, 2. 278; Thompson v. Travis (1942), 220 Ind. 1, 39 N.E.2d 944; Pisarski v. Glowiszyn (1942), 220 Ind. 128, 41 N.E.2d 358. In the reply brief appellant says that its Proposition I presents a constitutional question. The proposition reads:
"The appellee company does not have under Chapter 195 of the Acts of 1897, an absolute charter so as to be governed only by Chapter 195 of the Acts of 1897, but it is subject to all the general insurance laws of the State including Chapter 214 of the Acts of 1901 and Chapter 162 of the Acts of 1935."
Consideration of the proposition might call for statutory construction but no constitutional problem is indicated. The statement in appellee's application for an extension of time within which to file briefs that jurisdiction is in this court cannot bind the court.
Pursuant to § 4-217, Burns' 1933, § 1362, Baldwin's 1934, the cause is transferred to the Appellate Court.
Note. — Reported in 57 N.E.2d 625.